NG TUNG HUNG 對 SB MEDICAL BEAUTY GROUP LTD t/a SB MEDICAL BEAUTY

NG TUNG HUNG 對 SB MEDICAL BEAUTY GROUP LTD t/a SB MEDICAL BEAUTY

In absence of any evidential rebuttal by the respondent, the court accepted the Review of Assessments certificate (2% permanent loss), the applicant's proved monthly income (HK$12,232) and medical expenses (HK$8,099), applied the statutory formulas in ss9 and 10 with CPI adjustment under s11(1A)(b) for post‑12 month...

Source-derived case information.

Citation
[2023] HKDC 136
Parties
Applicant: NG TUNG HUNG; Respondent: SB MEDICAL BEAUTY GROUP LIMITED trading as SB MEDICAL BEAUTY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 February 2023
Case Number
DCEC2903/2018
Procedural Posture
Employees' Compensation Claim / Compensation Assessment Hearing (default of Respondent)
Outcome
Applicant awarded compensation and costs; respondent held liable.
Legal Topics
Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Calculation of Monthly Earnings, CPI Adjustment, Costs and Default Proceedings
Source Language
ch
Labour Law Personal Injury Civil Procedure Insurance/compensation Law Permanent Partial Incapacity Temporary Incapacity Medical Expenses Calculation of Monthly Earnings +2 more

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Parties

NG TUNG HUNG

Applicant

SB MEDICAL BEAUTY GROUP LIMITED trading as SB MEDICAL BEAUTY

Respondent

Procedural Posture

Employees' Compensation Claim / Compensation Assessment Hearing (default of Respondent)

  1. 1 Whether applicant is entitled to compensation under the Employees' Compensation Ordinance (Cap.282) for the 27 June 2017 accident
  2. 2 Proper measure of monthly earnings for compensation calculations
  3. 3 Reliability and effect of the Review of Assessments certificate assessing 2% permanent loss

Ratio Decidendi

In absence of any evidential rebuttal by the respondent, the court accepted the Review of Assessments certificate (2% permanent loss), the applicant's proved monthly income (HK$12,232) and medical expenses (HK$8,099), applied the statutory formulas in ss9 and 10 with CPI adjustment under s11(1A)(b) for post‑12 month compensation, and awarded statutory compensation totalling HK$241,969.62 plus interest and costs to the applicant.

Court Disposition

Applicant awarded compensation and costs; respondent held liable.

Orders

  • Respondent to pay applicant HK$241,969.62 as employees' compensation.
  • Interest on the award from 27 June 2017 to date of judgment at half the judgment rate, thereafter at the judgment rate until payment is made in full.